Title: Exploring the Limits of Law: Gender Empowerment and Women Domestic Workers

in Pakistan

Ayesha Shahid*

Introduction

Domestic work is a major source of employment in the informal labour market that provides

lively-hood to the disadvantaged social groups across the globe. Domestic work is considered to

be as an unregulated, under-valued, unorganized and underpaid form of work performed by the

disadvantaged social groups of society. It is perceived as work with low economic value and an

extension of unpaid household duties that hardly gets any recognition for the work performed.

Historically domestic work for others' households has remained a principal way of earning a

living for women. Not only affluent families in the developed world engage both local and

migrant women domestic workers but women domestic workers are also found in developing

countries working for upper and middle-class echelons of society. Pakistan is one such country

where large numbers of women are employed as domestic workers. 1 Yet of the eleven labour

policies framed by various governments since the creation of Pakistan, none has addressed the

issue of domestic workers, nor are domestic workers covered under the general labour laws of

the country.

Through the lens of postmodern legal feminism this paper questions the potential and efficacy of

black letter law as a tool for empowering women domestic workers in their struggle against

exploitative treatment in the workplace? As a critique of the impact of legality the paper attempts

to find out what factors are at play, which limit the domestic workers’ scope for legal action? To

what extent can formal legal mechanism provide protection and what are its limitations? Is there

a way to empower women domestic workers by looking beyond law? And finally by considering

law as a discourse, what could be the future strategy for addressing inequality and gender-based

discrimination affecting Pakistani women domestic workers in the workplace?

1

1

Theoretical Perspectives on Women, Law, and Empowerment in Plural Legal Settings

This section examines the relationship between women, law, and empowerment by using post-

modernist legal feminism. Post-modernist legal feminism is critical of mainstream legal

discourse because of its failure to take into account women’s voices, experiences, and practices

(Taylor et al., 1999; Nafine, 2002; Fredman,2002; Cain, 1991-1992; Fineman and Thomsden,

1991; Andleu, 2000).i Post-modernist legal scholarship engages with law not as a set of formal

rules, but as a discourse. It exposes the gendered content of law which leaves women in a

disadvantaged position. It sets out to show how gender neutral laws can treat men and women

differently and the way law constructs gender by invoking certain stereotype images of woman

which she must identify herself with. Legal feminists within the Western and non-Western

societies contest such images of women (MacKinnon, C., 1987; Davies, 2003; Kapur and

Cossman, 1998; Chunn and Lancombe, 2000; Chamallas, 1998; Mohanty 2003Ali, 1998; Jilani,

1998; Jhappan, 2002; Basu, 2001; Mukhapadyay, 1998). They consider such law as

androcentric, meaning based on male value reflecting in legal rules and legal institutions. This

view of law as ‘male’ suggests that law differentiates between men and women to such an extent

that it works to the disadvantage of women by allocating them fewer resources, judging them

with different standards and denying them equal opportunities. MacKinnon (1987) argues that

the question of equality should be addressed by analysing the male/female power relationship, an

unequal relationship is due to the continuous existence of male supremacy. The task of feminism

is to unmask women’s subordination and lack of power by challenging the male-dominated

structures of society. MacKinnon seeks to dismantle the dominant/subordinate relationship

through empowering women’s voices with a view to achieve legal, social, and political equality.

On the other hand, Smart disagrees with the view that law is sexist and male. In her view, such

approaches could be dangerous as these presume law to be unitary and always representative of

male values. Smart views law as gendered in its vision and practice. She critically examines how

law constitutes gender and becomes a ‘site’ in which gendered positions and identities are

articulated. She considers law as a ‘site for discursive struggle’ which must take into account

the political, cultural, and economic aspects of a society that affect women’s lives. Smart further

argues that law is not the only and primary site of this ‘discursive struggle’, rather it is one of the

many other sites where such struggle takes place over the meaning of equality and liberty,

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political agendas, and affirmative action in relation to the socio-legal status of women (Smart,

1989).

Smart advises us to decentre law by not giving so much power to it. She considers that ‘There

are other power structures operating at the same time for which law alone is not sufficient. For

example the issue of women’s low pay cannot be resolved by achieving equality provisions for

equal wages in law unless we address this issue in a wider context of segregation in job markets,

racism, division of public/private and undervaluation of women’s work.’ (Smart 1989, p165)

Thus, one can argue that law has its own limitations as it cannot displace dominant discourses of

class, gender and socio-economic positions; therefore, its ability to bring about social change on

its own becomes questionable. However, Smart does not suggest a complete disengagement

from law, rather advises to explore ‘other non-legal strategies and local struggles’.

In the context of Pakistan, feminist legal scholars Ali (1997) and Jilani (1998) have attempted to

expose the limits of law in a plural legal setting.2 They are of the view that neither litigation nor

legal reforms have been able to deliver gender justice. Ali argues that ‘Laws operate in a

specific social, cultural, economic, and political environment which affects and informs debates

and discourses therein… thus law becomes gendered and the male bias entrenched even in

apparently gender- neutral laws’.3 Jilani is of the view that law-making process and its

implementation has been carried out through institutions that have always remained male

dominated whether it is the legislature, police or judiciary. These institutions have always served

the interests of men and protected patriarchal privilege, thus access to justice and implementation

of laws has always been difficult for women in Pakistan. Despite the dramatic increase in the

number of women in legislative assemblies every effort is made to silence women’s voices in

these law and policy making forums. The male face of law, Jilani insists, should not preclude

women from using it and for the application of law social institutions need to be changed. She is

2 Ali, S.S (1997) ’A Critical Review of Family Laws in Pakistan: A Woman’s Perspective’ in Shaheed, F. and Mehdi, R. (ed.) Women’s Law in Legal Education and Practice in Pakistan: North South Cooperation (Copenhagen: Social Science Monographs). Jilani, H. (1998) ‘Law as an Instrument of Social Control’ in Khan, N. S. et. al. (ed.) Locating the Self: Perspectives on Women and Multiple Identities (Lahore: ASR Publications).

3 Ibid.,

3

of the view that if law is made to overcome injustice then social institutions should not be able to

override it by appealing to social norms and values or religion.4

I draw inspiration from the works of the above mentioned legal feminists and I utilise Carol

Smart’s critique of law as a ‘site for discursive struggle’ to re-examine the role of law by

exploring the relationship between law, gender, and empowerment. Smart, 1987) I engage in a

theoretical discussion to critique law as a tool for empowering women domestic workers by

raising a series of questions: Can formal/state/secular law situated within the patriarchal,

capitalist, plural legal settings provide remedy for the grievances and sufferings of women and

can formal legal mechanisms provide protection to women domestic workers in Pakistan?and

whether such law provide physical and economic security to women and can women use law as a

strategy for social change?

To address these questions, this article engages with the law not as a set of formal rules, but as a

discourse to examine its scope as well as limitations by exposing the gendered content of law,

which leaves women in a disadvantaged position. It advances the argument that women's lives

are shaped by sharp gender and socio-economic disparities leading to unequal power relations

vis-a-vis their employers, the state, and the society. Access to justice through the formal legal

system is often contingent upon the socio-economic position of the domestic workers. Women in

domestic service have to negotiate the barriers of poverty and inequality before being able to

employ the law as their ally. I further argue that a simple set of rules cannot bring equality and

remove disparities in the presence of the deeper injustices that exist in the form of patriarchal

values, gender and class differences. Therefore, it is essential that the extent of the law’s power

to bring about social change must be measured against the very real constraints of patriarchy,

gender and class hierarchies.

Research Methods

4 Ibid.,

4

To assess the situation of women domestic workers, I carried out a small sample of exploratory

empirical research by conducting semi-structured interviews with women domestic workers in

order to find out their lived experiences.

Semi-structured, in-depth group and individual interview techniques were used for data

collection. The group discussions/interviews helped inspire women to express their views. It also

led to an active involvement of my respondents in the construction of data about their lives. After

gaining some confidence through group interviews, my respondents were more expressive in

individual interviews and were able to speak and express themselves about issues that they

avoided in the presence of their co-workers. The individual interviews helped in extracting

information on issues that were otherwise difficult to address due to cultural constraints. The

technique of conducting individual interviews provided women with a confidential platform to

openly express themselves on a more personal basis about the nature of work, self-perception,

their real needs, and the relationship with their employers. The empirical data collected through

these interviews assisted in looking at the perspectives of both domestic workers and their

employers. Listening to these voices also helped in understanding whether any formal legislative

framework will have an impact on women domestic workers’ lives. In addition, it helped in

understanding the gendered and class-based nature of domestic service. Listening to their lived

experiences led me to more dimensions of their problems which I would have otherwise failed to

identify.

Group interviews were carried out in the form of two to three-hour discussion sessions, whereas

individual interviews lasted for sixty to ninety minutes. Some of the individual interviews were

conducted in two or three sessions. Most of the interviews were carried out in the evenings when

women domestic workers were at home, while some of the interviews with live-in domestic

workers were conducted on Sundays when they came to visit their family or friends. These

interviews were administered in two cities, Karachi and Peshawar. In Karachi, the Hijrat Colony

and Bhit Islands were the two sites where interviews were conducted. iiIn Peshawar, data was

collected from the Christian Colony and Acheena Village.iii Respondents for the interviews were

selected bearing in mind the wide variations of age, marital status, and ethnic background.

5

Around 25-30 women domestic workers were interviewed from each site. The table below

indicates the total number of women interviewed, their age groups, and marital status per site.

Besides interviewing domestic workers I also interviewed employers (from both middle-class

and upper-class backgrounds), government officials from the Ministry of Labour and Manpower,

women rights activists, lawyers, and labour leaders.

Qualitative method was applied for data analysis as it is useful for analysing concrete cases in

their temporal and local context (Merriam, 2002; Denzin and Lincoln, 2005). The use of a

qualitative method helped in providing a better understanding of the social world of women

domestic workers through an examination of the interpretation of their world by women

themselves.

Findings

Conditions of Work and Job Insecurity

Women domestic workers reported that they enter into domestic services for various reasons

such as poverty, illiteracy, or if the male breadwinner is unable to fulfill his role; therefore, the

burden of providing for the family’s basic needs falls on the woman’s shoulders. The female

domestic worker’s main duties include laundry and ironing, household cleaning, cooking, elderly

care, child-care whereas men work as cooks, gardeners, drivers and guards. Domestic service in

Pakistan is based on an informal verbal contractual arrangement between the employer and the

employee. There is no written contract and domestic workers find jobs by word of mouth

through friends and relatives. There is no fixed wage structure for full-time, live-in, or part-time

domestic workers and wages vary from one thousand to eight thousand Pakistani rupees

according to the economic status of the employer, the type of work performed, as well as the

employee’s age and gender. For example, ZB, who works as a nanny in Karachi for an affluent

family, gets six to eight thousand rupees per month compared to her previous job with a middle-

class family where she performed the same duties but was only paid three thousand rupees per

month. Women domestic workers are also discriminated against male domestic workers in terms

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of wages and working conditions. Men are paid around ten to twelve thousand rupees where as

women receive less than half of male domestic workers’ wages.

Time schedules vary according to the needs of both the employer and the employee, for example

a full-time worker starts at 8am or 9am and finishes by 5pm or 6pm. However, live-in workers

are engaged in work from early morning till late at night and have one day off per week,

fortnightly, or sometimes per month depending on the will of the employer. Women domestic

workers complained that live-in workers are in a worst position: they usually do extra tasks

which may not be part of their job. Not only are they asked to be available almost twenty four

hours, seven days a week but are also not allowed appropriate breaks. S is a live-in worker and

her day starts at 6am and she works until 10pm or 11pm with hardly any breaks in between. The

only time she is able to relax is while having her lunch or tea and sometimes she is given

permission to watch television for half an hour in the evening. Live-in workers like S also

experience social isolation, as many employers do not allow them to visit their families and

friends or even other co-employees in the neighborhood. The employers fear that by socializing

with other co-workers, domestic workers might compare wages and demand a pay increase, find

new jobs with better prospects, or reveal personal matters regarding the employers’ family.

Women domestic workers also reported that they are not paid any overtime or bonus for extra

work.

Employers have their own views on the issue of wages and working hours. A schoolteacher

argued that ‘employing a domestic worker even at a low wage should be seen as a measure to

combat poverty and unemployment…if the minimum wage is set too high, some households will

not be able to afford a domestic worker, which will lead to more unemployment and even greater

poverty…many unemployed workers are desperate to get jobs and are willing to work for lower

wages.’ Another employer commented that domestic service is more beneficial than other

informal sector jobs because domestic workers get food, shelter, and clothing, which is not the

case in most jobs.

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Employer-Employee Relations

During the interviews, employers assured that their relations with their employees were based on

goodwill and their domestic workers were part of the family. Many of the workers had been with

them for years and had become part of the family; therefore, they were ‘kind and caring’, not

only to their domestic worker, but also towards their workers’ families and children. Employers

claimed that they also provide extra monetary help to domestic workers when they need it for

instance to pay the school fees for their children or in case of any family emergency.

However, domestic workers considered that despite the employers’ claims for treating them as

family members, at the end of the day they still remained outsiders. They were often reminded of

their low-class status by being treated in such a way that would not be expected towards a family

member, such as being given old, used, and torn clothes or leftover food.

They accepted that there had been goodwill gestures on the part of employers on different

occasions, but in some cases employers expected more services from the domestic worker in

return for the help extended.

Women domestic workers also reported that their actions and movements are under the

employer’s constant surveillance. The live-in workers suffer more in this respect because they

stay with the employer twenty-four hours a day. Live-in workers have to give up their privacy

and freedom of movement. They are under scrutiny all the time, even during non-working hours.

Another aspect of control is that in many households, domestic workers are answerable to all

members of the family; therefore, they work under several bosses at the same time. Theft and

pilferage allegations are also very common. Constant suspicion between the employer and

employee has resulted in the lack of trust for each other. There are several other barriers to good

relations between employees and female domestic workers for instance employees were accused

of negligence of duties and wastefulness in using their employers’ resources, employee failure to

give adequate notice of intention to leave, employer restrictions on access to food and disputes

over leave days or rest time and failure to pay for over time and periodic increase in wages.

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Class Hierarchies and Degrading Treatment

Hiring of domestic workers represents the reinforcement and replication of gender and class

inequalities, for instance in terms of wages a male cook gets more salary as compared to a

woman domestic worker doing the same work. Another indication of class difference between

the employer and employee appears in the form in which food is given to domestic workers in

different households Women domestic workers in their interviews openly complained that they

are given leftovers to eat.

While interviewing one woman, laughed out and said ‘I can’t even dream of sitting and eating

on the same table with my employer…We are inferiors and that is also one of the reasons why

our work has not brought any significant change in our status in the society.’

The inequality of class status is also visible in the way these workers are addressed. They are not

called by their actual names, but instead domestic workers are always addressed as ‘maasi’,

‘mai’, ‘Ayah’, ‘babbo’, ‘jamadarni’; these names are like calling a cleaner ‘cleaner’ or a bin man

‘bin man’. Similarly, the manner in which domestic workers address their employers, by their

titles such as ‘begum sahib’ and ‘baray saab’, (meaning ‘Madam’ or ‘Sir’), reflects class

hierarchies and widens the gap between the employees and the employers. Use of such names in

everyday language reflects class-based tendencies of society, where people are still judged by

their social and economic status. These names also obscure the truth that all domestic workers

are real workers who deserve to have basic rights, respect, and dignity. Non-discrimination and

dignity of labour are completely ignored, and in reality, women domestic workers are forced to

believe that they belong to the lowest social category and their work has no value and they don’t

deserve respect and recognition.

Women’s Perception of the Formal Legal System

9

To assess how effective formal law could be as a tool for empowerment, women domestic

workers were asked about their experiences with the formal and informal legal system, how they

perceive the legal system in Pakistan, and what has been their experience of formal courts and

other informal mechanisms to seek justice. They were also asked if their services were to be

regulated and given legal protection, would they use law as a recourse for their protection?

Women domestic workers reported that they knew that legal protection was available to factory

workers and public sector workers, and labour unions support workers against exploitative

employers. When asked whether they would like their jobs to be regulated by the formal law, the

majority of them responded in the affirmative. However, they expressed their deep concern about

the possibility of using the law. This concern and reluctance to approach the courts was due to

their own socio-economic position in society, as litigation itself is a costly and time-consuming

process. Moreover, for women domestic workers who are illiterate, the language of the law is

incomprehensible and far too complicated for them. Women domestic workers also mentioned

that the formal legal system is an expensive process and involves court fees and lawyers' fees

which are beyond the means of women domestic workers as well as other marginalised groups.

Therefore, women strongly felt that they are in need of some support structures that could help

them in obtaining legal aid as well as in organising them on a more formal level.

Data Analysis: The data from the field shows that in the absence of any formal contractual

arrangement domestic workers are easily exploited in terms of wages and working hours. There

is also no job security and can be fired for no rhyme or reason as the employer knows that a

surplus labour force is always available. The availability of a surplus labour force is a basis for

exploitation because the employer and worker both know that no worker is indispensable; if one

is fired or refuses to continue, there is another worker willing to take her place.

The employer-employee relations are not straightforward contractual relations. It is a relationship

based on power in which one party is much stronger and influential than the other. The power

relationship is reflected both in the direct abuse which domestic workers face and also in the

degrading and demeaning status attached to this type of work. The employer-employee relations

in domestic service are imbalanced and often leave the employee in a vulnerable position. The

employers’ control over their lives is clearly visible in many aspects of their existence. It is the

10

employer who decides and organizes the work schedule and hours according to their own

lifestyle and convenience, completely ignoring the domestic worker’s basic right to rest periods

and right to privacy.

The data also illustrates the roles of gender and, class in placing domestic service at the bottom

of the employment ladder. It shows that it is the gendered nature of this form of work, which

underestimates domestic service as having no value at all. Gender and class hierarchies are

demonstrated the way privileged class women exploit their employees. This exploitative attitude

is depicted in the indifference of privileged women who simply turn a blind eye towards a

system that creates class hierarchies and reinforces patriarchy. Privileged women escape some of

the consequences of patriarchy by using the labour of working class women. In the majority of

Pakistani households, the division of labour by gender-specific roles exists and men do not

involve themselves in household work. By delegating household functions to the domestic

worker, a woman employer escapes some of the limitations of patriarchal culture; however, this

results in reinforcing the gender stereotyping of housework. By hiring female domestic workers,

middle and upper-class women solve the problem of their double burden of work and full

responsibility for household chores. Without challenging the patriarchal idea that ‘house work is

only women's work’, the female employers shift the burden of work by hiring women domestic

workers. This gives relief to women employers from their household responsibilities by

transferring their burden to other women who are lower in class and social status.

However despite all odds women domestic workers have accepted the challenge to come out of

their homes and make use of whatever skills they have for earning a living for the sake of their

families. Their work has given them the courage to face the world and struggle for survival in an

environment in which class disparities are apparent and a constant source of discrimination and

humiliation. They have accepted the challenge to come out of their homes and make use of

whatever skills they have to earn a living for the sake of their families and gained the courage to

face the world and struggle for survival in an environment in which class disparities are apparent

and a constant source of discrimination and humiliation. The data from the field also

demonstrates the presence and use of these strategies, even among the Pakistani women domestic

workers, who, if given further support, are capable of bringing some positive changes in their

lives.

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The data also demonstrates the limits of law as an effective process and mechanism for

empowering women domestic workers. It shows that law cannot exist in a vacuum, abstracted

from the lived realities of women. Formal law on its own cannot be a tool for the empowerment

of women in the presence of class hierarchies, patriarchy, and socio-cultural norms that are more

powerful than legislation. Formal laws will remain an under-utilised and partially effective

strategy for women seeking equal rights in the workplace, until perceptions towards women and

their work undergo a transformative process and domestic workers are recognised as workers

and their work is valued.

Legal and Non-Legal Strategies for Empowering Women Domestic Workers in Pakistan

The first step should be a countrywide survey to document and register domestic workers in

Pakistan. Any strategy for improving the situation of women domestic workers is dependent on

this information. The National Database and Registration Authority (NADRA) has issued

registration forms to the residents of the capital city, Islamabad, on the orders of the Ministry of

Interior to collect data about people employed across the city as domestic workers. The form

includes questions related to the employee’s nationality, nature of the work and other personal

details. At present, this initiative is limited to the capital city, and needs to be initiated all over

the country.

Recognizing domestic work as a form of productive labour under a separate sector in the service

industry is another important step that needs to be taken. Women domestic workers are

producers contributing towards society through their services. To gain recognition as a service

industry, domestic workers should be included in the definition of ‘worker’ in all legislation

pertaining to employment. Only two pieces of legislation specifically include domestic workers

within their remit. The Provincial Employees Social Security Ordinance 1965 sets out the

employers’ responsibility to provide medical care for ‘domestic servants’ in section 55-A. The

Minimum Wages Ordinance of 1961 includes those employed in domestic work within the

definition of ‘employee’. However, the application of the Ordinance to domestic workers

remains unclear, and no further steps have been taken to specify the minimum wages applicable

to the domestic work sector; its application in particular to live-in domestic workers is unclear.

A Bill to extend labour protections to domestic workers was introduced in the Senate in 2013,

but remains (at the time of writing), pending. The Domestic Workers (Employment Rights) Bill

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seeks to regulate terms and conditions of work, payment of wages and rest periods, as well as

providing access to remedies through a proposed ‘dispute resolution committee’. The Domestic

Workers (Employment Rights) Bill would cover only the Islamabad Capital Territory (ICT) as

labour related laws are a provincial subject under the 18th Constitutional Amendment. The

proposal, however, is that each province would follow with their own legislation once the bill

passes for the Capital Territory. 5 The ILO, in its Decent Work Country Programme for

Pakistan,6 notes the challenges in implementing labour legislation in Pakistan, and in bringing

domestic laws and practice into alignment with international standards. Such challenges are

exacerbated in the informal sector of domestic work, where the reach of labour legislation and

inspectorate mechanisms is non-existent.

For drafting legislation for domestic workers at the provincial levels tt is also important to

initiate a consultative process involving activists, government officials, legislators, domestic

workers, and employers. It would also be beneficial to take the opinion of the members of

Tripartite Labour Conference who are already in negotiations with the government on the issue

of a new labour policy and are involved in the process of the codification of labour laws in the

country. For this purpose, coordination among policy makers, legislators, non-governmental

organizations and researchers is also vital.

The International Labour Organisation (ILO), in its recent standard setting initiatives, adopted

the Convention Concerning Decent Work for Domestic Workers (189) and a General

Recommendation 301. Pakistan is already a party to most of the ILO Conventions, including the

Forced Labour Convention 1930 (No. 29), Freedom of Association and Protection of the Right to

Organise Convention, 1948 (No. 87), Equal Remuneration Convention 1951 (No. 100),

Abolition of Forced Labour Convention 1957 (No. 105), and the Minimum Age Convention. In

light of these conventions, Pakistan has already made changes to its own labour law. If the ILO

Convention 189 is ratified by the Pakistan government, it will be bound to include domestic

workers in labour legislation and to take steps for the protection of domestic workers in Pakistan.

The Convention is the yardstick by which the rights of domestic workers should be measured

and acknowledged5 See: Senate of Pakistan, Press Release, ‘Bill tabled in Senate to protect domestic servants’, January 20 20146 ILO Decent Work Country Programme 2010 - 2015: Pakistan, available at: http://www.ilo.org/public/english/bureau/program/dwcp/download/pakistan2010-15.pdf, accessed on June 1 2014

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The absence of worksite monitoring mechanisms results in creating space for forced labour and

exploitation. Therefore for an effective enforcement of legislation, mechanisms of labour

administration, and inspection that minimize exploitation in the workplace need to be put in

place. Along with monitoring mechanisms, for achieving access to justice efficient and

accessible channels are needed through which local and migrant workers can lodge complaints

and seek remedy without discrimination, intimidation or retaliation. These might take the form of

human rights commissions, tribunals and ombudsman systems. In Pakistan, there are separate

labour tribunals for deciding labour disputes; however, these tribunals are already overburdened

by the caseload. One possibility to avoid delays could be in the form of setting up a separate

tribunal at the district and divisional level, under the supervision of every provincial high court.

During the past few years, the Supreme Court of Pakistan has taken suo moto actions through

which it has intervened in areas where there have been gross violations of human rights, as well

as violations of laws made in the social sector. The Supreme Court on the basis of suo moto

action can also directly take up any case where there is a violation of domestic workers’ rights in

Pakistan.iv

It is also crucial to organise women domestic workers by establishing networks, support groups,

and organisations for advancing the interests of women domestic workers. In their interviews,

women workers mentioned their need for support to organise themselves in grassroots and

community-based organisations. These organisations could take the initiative and streamline

efforts of women domestic workers in the right direction. There is considerable optimism that an

organised ‘voice’ would be able to change the terms on which women domestic workers are

employed and improve their living and work conditions. However, any change in the present

structure would only be possible by recognising and validating the ‘worker role’ and by

organising women domestic workers and enhancing their collective strength. They have accepted

the challenge to come out of their homes and make use of whatever skills they have to earn a

living for the sake of their families and gained the courage to face the world and struggle for

survival in an environment in which class disparities are apparent and a constant source of

discrimination and humiliation. The data from the field also demonstrates the presence and use

of these strategies, even among the Pakistani women domestic workers, who, if given further

support, are capable of bringing some positive changes in their lives.

14

In accordance with Article 17 of the Constitution of Islamic Republic of Pakistan, ‘every citizen

has the right to form associations or unions, subject to reasonable restrictions imposed by law in

the interest of sovereignty or integrity of Pakistan, public order or morality.’ In view of above,

domestic workers are free to form associations/unions. Currently, there is no exclusive union or

association of domestic workers in Pakistan. There are women organisations and unions in other

employment sectors; therefore, setting up organisations for women in domestic service would

not be something exceptional. Working together as a pressure group with these organisations

could be a more effective strategy for women in domestic service.v These organisations could

help the domestic workers, as well as workers in other informal sectors, to take a collective

action to solve their problems. They can also play the role of a bridge in linking women in

domestic services to the trade unions as their interaction with trade unions could provide a base

for a larger organisation of domestic workers. Recently, the first ever union of domestic workers

was formed in Pakistan, by Home-Net Pakistan - a network of organisations supporting home-

based workers with the support and facilitation of the Pakistan Workers Federation. Domestic

workers, drawn primarily from Rawalpindi, came together to form the first collective

organisation of this kind. Several associations and centres that are committed to the cause of

women in domestic services are needed all over the country. Such associations could assist

workers in obtaining jobs, solving disputes among the employers and domestic workers, run

awareness campaigns, and provide training.

Women domestic worker organisations in Pakistan could also benefit from the experiences and

various strategies adopted by organisations working at the international level, such as

‘INTERCEDE’ in Canada, ‘KALAYAAN’ in the UK, ‘Break the Chain Campaign for Domestic

Workers Rights’ in the US, and the National Women Domestic Workers Movement (NDWM) in

India, which has played an important role in organising domestic workers in fifteen major parts

of India.

Raising awareness among women in domestic services is another non-legal strategy which could

help in the implementation of any legislative provisions. There is a need to hold regular

awareness raising sessions aimed at imparting information to these workers about their inherent

and rudimentary rights. This could be achieved through training programmes and holding

community meetings and discussion groups/support groups. An awareness of their own rights

15

can lead to collective action because a domestic worker who works within a closed environment

of a private home where interaction with other co-workers is limited, would not know about her

rights. This process should not be limited to domestic workers as it is equally pertinent to make

employers aware of the rights of domestic workers. A change in the thinking and attitude of

employers is essential for improving the status of domestic workers. Media can also play an

important role in bringing to light the issue of domestic workers. Newspaper articles, radio and

television talk shows, and street theatre can be useful tools. Women domestic worker

organizations could regularly invite journalists to their seminars and group discussions so that

the issue is continuously reported in the press.

The state also has a pivotal role in providing primary education, health care, housing, water, and

sanitation. It cannot be absolved from its responsibilities of providing these basic facilities to its

citizens. Women domestic workers from all the four squatter settlements complained about the

lack of basic civic amenities, health-care, and education systems. It raises the concern of whether

the public in Pakistan has still not recovered from the colonial mind-set that views the

government as rulers and not as service-providers, and whether or not there is a need to change

the ethos of governance so that those in government should consider themselves as service

providers and not the ruling elite who cannot be challenged for their mismanagement. Improving

the infrastructure by providing civic amenities, education, and healthcare systems is the

responsibility of the government. By improving the general living conditions of these workers

and by providing a simple decent living standard, some of their main problems could be solved

and it would be taking a burden off their shoulders.

Finally, in Pakistan, a unique institutionalised approach for the welfare system has been laid

down through Zakat system. Pakistan is among one of the few Muslim states to operate an

official Zakat system.vi Zakat is collected through banks and the Government of Pakistan has

established a Central Zakat Council to oversee the collection and disbursement of Zakat at

federal, provincial, district, and local levels. The Zakat funds collected from the public could

easily be utilised for the welfare of domestic workers. Labour welfare facilities, such as

unemployment allowance, financial assistance to disabled or disadvantaged workers, educational

and health provisions for workers and their children can be financed from the Zakat funds.

Proper use of these resources can help in improving the situation of domestic workers in

Pakistan.

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Conclusion: This study has provided an understanding of law in its social context, and it has

exposed the limitations of law as an effective tool for empowering domestic workers. It has

demonstrated that due to the presence of patriarchal structures and class hierarchies, any effort to

empower women through black letter law will remain ineffective and will have little

acceptability and ownership amongst the people. However, it does not mean that law reform is

always meaningless – clearly, it is frequently of great significance - but that it needs to be framed

in a broader context of legal, political, economic and social interventions to achieve gender

quality and non-discrimination in the informal labour market.

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i*Dr Ayesha Shahid, Lecturer in Law, Brunel Law School, Brunel University London, United Kingdom. Like feminism in general, legal feminism has different strands liberal, radical and post-modernist. The liberal perspective in feminist legal theory expects law to become gender-neutral if women's experiences and perspectives are included. It promotes the ideal of global sisterhood by ignoring the religious, racial, cultural, and ethnic diversities among women around the world. Radical feminist strand, on the other hand, views law as purely masculine, where legal institutions and the entire legal discourse reflect male concerns and priorities and can never incorporate women's experiences. Post-modernist feminists consider equality as a social construct that reflects patriarchal ideas and needs reconstruction. The post-modernist strand is anti-essentialist as it does not focus on the single category of a ‘woman’ rather it focuses on the situated realities of women and emphasizes that there is no single theory of equality that will work for the benefit of all women.

ii In Karachi, I interviewed women domestic workers who work in the affluent localities of the Defence Housing Society and Clifton and lived in a squatter settlement called Hijrat Colony, which is an illegal settlement near the Clifton railway track. Clifton is a mixture of commercial offices, residential apartment buildings, and private houses. In sharp contrast to modern skyscrapers and expansively designed and decorated bungalows (with all sorts of amenities for comfortable and luxurious life styles), the Hijrat Colony presents the picture of a completely neglected area with no basic amenities.

iii In Peshawar, the Acheena Village was the first site where women domestic workers were contacted. This is a small village, part of the tribal belt, and lies on the outskirts of Hayatabad Township. The poor community in the village comprises of small farmers and labourers. As the earnings are very low, women also go out of their homes to seek employment. The produce is divided equally between the landlord and the farmer (provided the farmer shares the costs of seed, fertiliser and irrigation with the landlord). iv The Supreme Court of Pakistan has taken suo moto action on a number of social issues. A ban on serving meals in weddings is imposed under the marriage ordinance, however there have been blatant violations of this law. Another important case is of tribal practice of vani and swara in which the federal government has been asked to amend Section 310 of the Pakistan Penal Code or the Family Act, 1964, to provide for dissolution of marriages of women given in vani or sawara. All these cases suggest that the judiciary is playing a proactive role in upholding the rights of individuals and in having existing laws implemented

v The Pakistan Institute of Labour, Education and Research, All Karachi Labour and Hosiery Garments Labour Association, Working Women Forum, and Fisher Folk Forum to name a few.

vi The government of Pakistan's Zakat and Ushr Ordinance (1980) mandates that 2.5 percent of the value of all declared, fixed assets for those possessing Nisaab (assets) are to be automatically deducted at source by the state as Zakat at the beginning of the Islamic holy month of Ramadan.